Guam § 90113 - Parental Liability for Willful Acts of Minor Children.

§ 90113. Parental Liability for Willful Acts of Minor Children.

(a) (1) Any act of willful misconduct of a minor that results in injury

or death to another person or in any injury to the property of another

shall be imputed to the parent or guardian having custody and control

of the minor for all purposes of civil damages, and the parent or

guardian having custody and control shall be jointly and severally liable

with the minor for any damages resulting from the willful misconduct.

(2) Subject to the provisions of Subsection (c), the joint and

several liability of the parent or guardian having custody and control of

a minor under this Subsection shall not exceed Twenty-Five Thousand

Dollars ($25,000) for each tort of the minor, and in the case of injury to

a person, imputed liability shall be further limited to medical, dental,

and hospital expenses incurred by the injured person and attorney fees

as allowed by Article 6 of Chapter 26 of 7 GCA, not to exceed Twenty-

Five Thousand Dollars ($25,000). The liability imposed by this Section

is in addition to any liability now imposed by law.

(b) Any act of willful misconduct of a minor that results in the

defacement of property of another with paint or a similar substance shall be

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imputed to the parent or guardian having custody and control of the minor

for all purposes of civil damages, including court costs and attorney fees, as

allowed by Article 6 of Chapter 26 of 7 GCA to the prevailing party, and the

parent or guardian having custody and control shall be jointly and severally

liable with the minor for any damages resulting from the willful misconduct,

not to exceed Twenty-Five Thousand Dollars ($25,000), except as provided

in Subsection (c), for each tort of the minor.

(c) The maximum liability imposed by this Section is the maximum

liability authorized under this Section at the time that the act of willful

misconduct by a minor was committed.

(d) (1) Nothing in this Section shall impose liability on an insurer for

a loss caused by the willful act of the insured for purposes of § 18602

of Chapter 18 of 22 GCA.

(2) An insurer shall not be liable for the conduct imputed to a

parent or guardian by this Section for any amount in excess of Ten

Thousand Dollars ($10,000).

(e) Parent or guardian liability, supra, shall not include “foster parent”

unless there is negligence by said foster parent.